The planning and zoning code official shall be in charge of the administration and enforcement of this title. The planning and zoning code official shall:

A.

Receive applications required, issue permits and furnish certificates, all in his judgment and discretion as authorized.

B.

Examine premises for which permits have been issued, and make necessary inspections to determine compliance.

C.

Issue permits for signs and fences.

D.

Discharge such other duties as may be placed upon him by this title.

E.

Make appropriate notation on the official zoning map of all special use permits and zoning map amendments.

(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)

A.

Creation. There is hereby created a planning and zoning commission to serve as a commission on zoning matters as provided by statute. Said commission shall consist of seven members to be appointed by the board of trustees.

B.

Term. The members of the planning and zoning commission shall serve for a term of five years, provided that the terms shall be staggered as provided by statute.

C.

Duties; meetings.

1.

It shall be the duty of the planning and zoning commission to hear and decide any appeal of any decision, order or interpretation by the officer whose duty it is to enforce this zoning ordinance, and it shall have such other powers and duties as may be delegated to it by statute or ordinance. Provided that it shall have the power to reverse any decision of such officer on a concurring vote of four members.

2.

All meetings of the planning and zoning commission shall be held at the call of the chairman and at such other times as the planning and zoning commission may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the planning and zoning commission shall be open to the public. The planning and zoning commission shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the commission shall immediately be filed in the office of the planning and zoning commission and shall be a public record.

3.

An appeal to the planning and zoning commission may be brought by any person, firm or corporation, or by an officer, department, board or bureau of the Village of Maple Park affected by a decision of the planning and zoning code official. Such appeal shall be taken within such time as shall be prescribed by the planning and zoning commission by general rule, by filing with the planning and zoning commission a notice of appeal, and specifying the grounds thereof. The board of trustees shall forthwith transmit to the planning and zoning commission all the papers constituting the record upon which the action appealed from was taken.

4.

An appeal stays all proceedings in furtherance of the action appealed from, unless the board of trustees certifies to the planning and zoning commission after the notice of appeal has been filed with them that by reason of facts stated in the certificate a stay would in their opinion cause imminent peril to life or property in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the planning and zoning commission, or by a court of record on application upon notice to the planning and zoning code official and on due cause shown.

The planning and zoning commission shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. Upon the hearing, any party may appear in person, or by agent or by attorney.

D.

Jurisdiction. The planning and zoning commission shall not have the power to change the classification of property as shown on the "zoning district map", nor to make any changes in the regulations of this title, but shall have the following powers only:

1.

To accept from time to time such rules and regulations as may be deemed necessary to carry into effect the powers given the planning and zoning commission pursuant to the provisions of this title.

2.

To interpret the provisions of this title and to hear appeals and make recommendations where it is alleged there is an error in any order, requirement, decision or determination made by the planning and zoning code official in the enforcement of this title.

3.

To recommend varying the provisions of this title in specific cases in such a way as to carry out the intent and purpose of the plan as shown upon the map fixing the several districts accompanying and made a part of this title when the street layout actually on the ground varies from the street layout as shown on the map aforesaid.

4.

To recommend upon appeal, whenever a property owner can show that a strict application of the terms of this title relating to the use, construction or alteration of buildings or structures or the use of land will impose upon him unusual and practical difficulties or particular hardship, such variations of the strict application of the terms of this title as are in harmony with its general purposes and intent, but only when the planning and zoning commission is satisfied that granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variation from the regulations and criteria as established by this title, and at the same time the surrounding property will be properly protected.

5.

To recommend permitting public utility and public service uses and structures in any district when found to be necessary for the public health, convenience or welfare.

(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)

Cross reference— See also title 3, chapter 1 of this Code.

A.

Publication of notice. No public hearing before the planning and zoning commission on any appeal, or request or petition for variation, amendment, planned development or special use shall be held unless the notice of time and place of the hearing is published at least once, in one or more newspapers published in the village, or if none, then in one or more newspapers with a general circulation within the village.

1.

The notice shall be prepared by the petitioner, and submitted to the village clerk at least 20 days before the scheduled hearing.

2.

Once received, the village clerk shall cause said notice to be published at least 15 but not more than 30 days before the hearing.

B.

Notice to adjacent owners.

1.

Each petition or application for an appeal, variation, amendment, planned development, or special use shall be prepared by the petitioner.

2.

Said petition or application shall include a list of all owners, as disclosed by the records of the Kane County recorder of deeds and DeKalb County recorder of deeds, or as appears from the authentic tax records of Kane and DeKalb Counties, of all property within 250 feet in each direction of the parcel, exclusive of road rights-of-way.

3.

Once received, the village clerk shall cause notice of the public hearing to be mailed to property owners at the addresses identified on the list, not less than 15, nor more than 30 days before the hearing. Said notice shall include, at a minimum, information set forth in subsection C of this section.

4.

Said mailing shall be by certified mail, return receipt requested, and shall be accomplished at the expense of the petitioner or applicant.

5.

The village clerk shall file a copy of the notice, and the certified mail receipts, with the planning and zoning commission. The planning and zoning commission shall only hear a petition for variation, appeal, special use, or amendment if the applicant furnishes the list and certificate herein described.

C.

Content of notice. The notice of public hearing shall include at least the following information:

1.

The address and/or location of the property for which the appeal, variation, amendment or special use is requested.

2.

A brief statement of the nature of the request.

3.

Existing zoning classification.

4.

Proposed zoning, special use or variation, if applicable.

5.

Requested exceptions from applicable regulations of this zoning ordinance, if applicable.

6.

The name and address of the legal and beneficial owner of the property for which action is requested.

7.

A legal description of the subject property.

8.

The time, date and location of the public hearing.

D.

Posting of sign, application fee, deposit.

1.

Posting of sign. Each petitioner or applicant, other than the village, shall post and maintain on the subject property for a period of not less than 15 days prior to the hearing, the sign that identifies the property as being the subject of a public hearing, using only a sign which will be provided by the Village of Maple Park. The sign shall be placed and installed not more than 15 feet from the lot line.

2.

Fees for the cost of public hearings and sign. The petitioner shall pay an application fee of $1,500.00, along with a deposit of $1,000.00. The application fee shall cover the cost of postage to send the required certified letters, publishing fees for publishing the required notice of public hearing, village attorney fees, and planning and zoning official fees. The deposit shall cover the cost of any additional fees and the balance will be refunded to the petitioner within 30 days after the required sign is returned to the village.

3.

Public hearings. The jurisdiction of the planning and zoning commission to hold public hearings shall not be affected by the absence of a posted notice, if such absence is not the result of the applicant's or petitioner's act or omission.

E.

Continuation of public hearings. The planning and zoning commission shall hold at least one public hearing on the proposed variation, amendment, planned development, or special use. However, public hearings may be continued by either the planning and zoning commission, from time to time, without further notices being published, subject to compliance with the Illinois Open Meetings Act.

(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)

A.

Authority. The planning and zoning commission shall hear and recommend appropriate action to the board of trustees upon all appeals from administrative decisions or actions related to this zoning ordinance, or other codes and ordinances of the Village of Maple Park, pursuant to procedures set forth herein.

B.

Initiation.

1.

An appeal from a final order, requirement, decision or determination to issue, not to issue, revoke, rescind or extend a permit or certificate requiring compliance with the provisions of this zoning ordinance may be taken to the Planning and Zoning Commission by any person aggrieved, or by any officer or department of the village.

2.

Such an appeal shall be taken within 45 days after the decisions complained of, by filing with the village clerk, and with the planning and zoning commission, a written notice of appeal specifying the grounds thereof.

3.

The village clerk shall transmit to the planning and zoning commission all papers related to the decision that led to the appeal.

C.

Notice of appeal.

1.

The notice of appeal shall, at a minimum, contain the following information:

a.

Name, address, and phone number of the individual filing the appeal.

b.

Location of the property involved in the decision complained of.

c.

Identification of the section or provision of this title that is this zoning ordinance in dispute.

d.

Written decision of the planning and zoning code official, or the reason given by said official, in support of the decision from which the appeal is taken.

e.

Description of the proposed use of the property, including a plat or plat diagram.

f.

Brief narrative, argument, and summary of the factual evidence upon which the appeal is based.

2.

An appeal shall stay all proceedings related to the action on which the appeal is based, including, but not limited to, plan review, processing of permits, or construction, unless it is demonstrated to the planning and zoning code official or the planning and zoning commission that a stay would cause imminent peril to life and/or property.

D.

Hearing.

1.

The village clerk shall transmit the application of the appeal to the planning and zoning commission, which shall hold a public hearing at such time and place as shall be established by the planning and zoning commission, after due notice is provided.

2.

The hearing shall be conducted, and a record of such proceedings shall be preserved in such a manner as the planning and zoning commission shall prescribe.

3.

Notice requirements for public hearings on appeals are set forth in section 11-11-3 of this chapter.

E.

Decision. The planning and zoning commission shall make a recommendation to the board of trustees within a reasonable period of time after the conclusion of the hearing of the appeal:

1.

The planning and zoning commission may recommend affirming or reversing, wholly or in part, or modifying the order, requirement, decision, or determination as, in its opinion, ought to be made in the premises.

2.

Records of all actions of the planning and zoning commission, relative to appeals, shall be maintained by the village.

3.

A concurring vote of four members of the planning and zoning commission shall be required to recommend reversal of or modification of the order, requirement, decision or determination of the planning and zoning code official.

4.

The board of trustees' decision shall be final regarding all appeals.

(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)

A.

Authority. The board of trustees shall decide variations from the provisions of this title that are in harmony with its general purpose and intent, and shall vary them only in the specific instances where findings of fact, based on the standards hereinafter prescribed, find that there are practical difficulties or particular hardships if the strict letter of any regulation of this title is required to be followed.

B.

Initiation. An application for a variation may be made by any individual, office, department, board, bureau or commission.

C.

Processing. An application for a variation shall be filed with the village clerk, who shall forward such application to the planning and zoning commission for processing in accordance with applicable statutes of the State of Illinois and provisions of this title. The application shall be accompanied by:

1.

The name, address and phone number of the applicant.

2.

The legal description, common address and permanent index number of the property to be benefited by the variation.

3.

Identification of the provisions of this title, from which the variation is sought.

4.

A description of the proposed use and/or variation, including a dimensioned site plan or plat, unless specifically waived by the planning and zoning code official. The planning and zoning commission may, however, overrule such waiver and require the submission of a dimensioned site plan before making their findings and recommendations.

5.

A brief summary of the factual evidence upon which the applicant will rely to show that the standards for variation will be met.

D.

Hearing.

1.

The village clerk shall transmit the application to the planning and zoning commission, which shall hold a public hearing at such time and place as shall be established by the planning and zoning commission, after due notice is provided.

2.

The hearing shall be conducted and a record of such proceedings shall be preserved, in such a manner as the planning and zoning commission shall prescribe.

3.

Notice requirements for public hearings on variations are set forth in section 11-11-3 of this chapter.

E.

Standards.

1.

The planning and zoning commission shall not recommend, and the board of trustees shall not vary, the provisions of this title, unless it shall find that the:

a.

Property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zoning district;

b.

Plight of the owner is due to unique circumstances; and

c.

Variation, if granted, will not alter the essential character of the locality.

2.

For the purpose of supplementing the above standards, the planning and zoning commission, in making a recommendation that there are practical difficulties or particular hardships, shall also take into consideration the extent to which the evidence establishes, or fails to establish, the following:

a.

That the particular physical surroundings, shape or topographical condition of the specific property involved would bring particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out.

b.

That the conditions upon which the petition for variation is based would not be generally applicable to other property within the same zoning district.

c.

That the purpose of the variation is not based exclusively upon a desire to make more money out of the property.

d.

That the alleged difficulty or particular hardship has not been created by any person presently having an interest in the property, or by the applicant.

e.

That the proposed variation will not:

(1)

Impair an adequate supply of light and air to adjacent properties.

(2)

Substantially increase the hazard from fire or other dangers to said property or adjacent properties.

(3)

Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of Maple Park.

(4)

Diminish or impair property values in the neighborhood.

(5)

Unduly increase traffic congestion in the public streets and highways.

(6)

Create a nuisance.

(7)

Result in an increase in public expenditures.

f.

That the variation is the minimum variation necessary to make possible the reasonable use of the land, building or structure.

F.

Decisions.

1.

Within 45 days after the close of the hearing on a proposed variation, the planning and zoning commission shall prepare a written statement of findings of fact and recommendations, and shall submit this statement to the board of trustees. The findings of fact shall specify the reason or reasons for recommending approval, approval with conditions, or denial of the proposed variation, and shall address how the variation does, or does not, comply with standards set forth.

2.

The planning and zoning commission is not required to recommend for approval the full variation requested. The planning and zoning commission may recommend, and the board of trustees may approve, a variation of less extent than that contained in the request.

3.

The planning and zoning commission may recommend, and the board of trustees may require, such conditions and restrictions upon the premises benefited by variation as may be necessary in their opinion to comply with the standards set forth in this section, to reduce or minimize injurious effect of such variation upon other property in the neighborhood and/or to implement the general purpose and intent of this zoning ordinance.

4.

A concurring vote of a majority of those planning and zoning commission present at the meeting, with a minimum of four concurring votes, shall be required to recommend granting or denying an application for variation.

5.

The decision of the board of trustees shall be final, and subject to judicial review only in accordance with applicable state statutes. This decision shall be placed in the building/property record.

6.

No variation shall be granted, except by ordinance duly passed and approved by the president and board of trustees, after public hearing and written findings of fact and recommendation from the planning and zoning commission. The terms of relief granted shall be specifically addressed in said ordinance.

(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)

A.

Purpose.

1.

Amendments may be granted to:

a.

Promote the public health, safety, morals, comfort, and general welfare of the Village of Maple Park.

b.

Conserve the value of property throughout the village.

c.

Lessen or avoid congestion in the public streets and highways.

2.

Amendments shall be classified as follows:

a.

Text amendments, which are amendments to the text of this zoning ordinance.

b.

Map amendments, which are amendments to zoning district map, adopted pursuant to this zoning ordinance.

B.

Authority. The board of trustees may, after receiving a recommendation from the planning and zoning commission in the manner hereinafter set forth, approve, approve with conditions, or deny a text or a map amendment, pursuant to the procedures set forth herein.

C.

Initiation. Amendments may be proposed by the board of trustees, planning and zoning commission, or any property owner or interested person or organization.

D.

Processing. A petition or application for an amendment shall be filed with the planning and zoning code official, and shall include at least the following information:

1.

Text amendments.

a.

Name, address and telephone number of the petitioner or applicant.

b.

The proposed text amendment.

c.

A statement of how the proposed amendment relates to the comprehensive land use plan, as may be amended from time to time, or otherwise promotes the public health, safety and general welfare of the village.

2.

Map amendments.

a.

Name, address and telephone number of the petitioner or applicant.

b.

The proposed map amendment, including:

(1)

Legal description of the property to be affected.

(2)

Common address and permanent index number.

(3)

Identification of existing zoning.

(4)

Identification of proposed zoning.

(5)

Existing use of the property.

(6)

Proposed use of the property.

(7)

Location map showing:

(A)

Property lines and streets.

(B)

Such other items as the planning and zoning code official may require.

(8)

A written statement of how the proposed amendment:

(A)

Relates to the comprehensive land use plan.

(B)

Promotes the public health, safety and general welfare.

(C)

Fulfills the standards set forth in subsection F, standards, of this section.

E.

Hearing.

1.

The village clerk shall transmit the application to the planning and zoning commission, who shall hold a public hearing at such time and place as shall be established by the commission, after due notice is provided.

2.

The hearing shall be conducted, and a record of such proceedings shall be preserved, in such a manner as the commission shall prescribe.

3.

Notice requirements for public hearings on amendments are set forth in section 11-11-3 of this chapter.

F.

Standards. The planning and zoning commission shall not recommend, nor the board of trustees grant an amendment to alter the zoning district boundary lines, unless it shall determine, based upon the evidence presented in each specific case, that:

1.

The amendment promotes the public health, safety, comfort, convenience and general welfare of the village, and complies with the policies and comprehensive land use plan and other official plans of the village.

2.

The trend of development in the area of the subject property is consistent with the requested amendment.

3.

The requested zoning permit uses which are more suitable than the uses permitted under the existing zoning classification.

4.

The amendment, if granted, will not alter the essential character of the neighborhood, and will not be a substantial detriment to adjacent property.

G.

Decision.

1.

Within 45 days after the close of the hearing on a proposed amendment, the planning and zoning commission shall prepare a written statement of findings of fact and recommendations and submit this statement to the board of trustees. The findings of fact shall specify the reason or reasons for recommending approval, approval with conditions, or denial of the proposed text or map amendment.

2.

The board of trustees may, by ordinance, grant or grant with modification, a text or map amendment. If an application is not acted upon by the board of trustees within six months of the date upon which such application is filed, it shall be deemed to have been denied.

3.

The planning and zoning commission may recommend, and the board of trustees may approve, conditions and restrictions upon the premises benefited by an amendment as may be necessary to comply with the standards set forth above. Changes in restrictions or conditions shall be processed in the manner established by this title for amendments.

4.

A concurring vote of a majority of those members of the planning and zoning commission present at the meeting, with a minimum of four concurring votes, shall be required to recommend granting or denying an application for an amendment.

5.

In those instances where the board of trustees does not concur with a recommendation of the planning and zoning commission to deny a map or text amendment, the favorable vote of two-thirds of the members of the board of trustees shall be necessary to pass an ordinance granting the amendment.

6.

No amendment shall be granted except by ordinance duly passed and adopted by the board of trustees, after public hearing and written recommendation from the planning and zoning commission.

H.

Written protest.

1.

A map or text amendment shall not be passed except by a favorable vote of two-thirds of the members of the board of trustees in the case of a written protest against any proposed text amendment or map amendment when said protest is signed and acknowledged by the owners of 20 percent of the:

a.

Frontage proposed to be altered.

b.

Frontage adjoining or across an alley from the property.

c.

Frontage directly opposite the frontage proposed to be altered.

2.

The written protest shall be served by the protester or protesters on the applicant for the proposed amendment, and a copy served on the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application or petition for the proposed amendment.

(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)

A.

Purpose.

1.

The development and execution of this title is based upon the division of the village into districts, within any one of which the use of land and buildings, and the bulk and location of buildings or structures, as related to the land, are essentially uniform.

2.

It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the potential impact of those uses upon neighboring lands and upon the public needs for the particular use or particular location.

3.

Such special uses fall into two categories:

a.

Uses operated by a public agency or publicly regulated utilities, which are uses traditionally associated with a public interest, such as parks, recreation areas, public administration buildings, or the private use of existing public buildings.

(1)

It is stressed that public uses are associated with the public interest.

(2)

In the case of a request for a special use by a unit of local government, for a public use within its statutory mandate, the review shall not be based on determining the need for the publicly mandated use on the specific site but rather for assessing the impact of the proposed public use upon neighboring lands and upon the village's streets or utilities.

b.

Uses entirely private in character, but of such nature that the operation may give rise to unique problems or benefits with respect to their impact upon neighboring property, public facilities, the village as a whole, or the natural environment or resources.

B.

Authority. The board of trustees may, after receiving a recommendation from the planning and zoning commission in the manner hereinafter set forth, approve, approve with conditions, or deny a special use, pursuant to the procedures set forth herein.

C.

Initiation. Requests for special uses may be made by any person, or by an office, department, board, bureau or commission.

D.

Processing. A petition or application for a special use permit shall be filed with the planning and zoning code official, and shall include at least the following information:

1.

Name, address and telephone number of the applicant.

2.

Legal description of the property for which the special use is requested.

3.

Description of the existing use of the affected property.

4.

The present zoning classification for the affected property.

5.

Description of the proposed special use.

6.

A dimensional site plan or plat, showing the location of:

a.

All buildings.

b.

Parking areas.

c.

Traffic access and circulation.

d.

Open spaces and yards.

e.

Landscaping.

f.

Refuse and service areas.

g.

Utilities.

h.

Signs.

i.

Other information as determined by the planning and zoning commission as necessary for determining if the proposed special use meets the intent and requirements of this zoning ordinance.

7.

A grading plan, showing existing and proposed contours and proposed routing and storage of stormwater, when new construction or site development is proposed.

8.

A written statement that addresses the:

a.

Economic effects on adjoining properties.

b.

Effects of such elements as noise, glare, odor, fumes and vibration on adjoining properties.

c.

General compatibility with adjacent and other properties in the district.

d.

Effects of traffic generated by the proposed use.

e.

Relationship to the comprehensive land use plan.

f.

How the proposed special use fulfills requirements of subsection F, standards, of this section.

E.

Hearing.

1.

The village clerk shall transmit the application for a special use to the planning and zoning commission, who shall hold a public hearing at such time and place as shall be established by the commission, after due notice is provided.

2.

The hearing shall be conducted, and a record of such proceedings shall be preserved, in such a manner as the commission shall prescribe.

3.

Notice requirements for public hearings on amendments are set forth in section 11-11-3 of this chapter.

F.

Standards.

1.

The planning and zoning commission shall not recommend, nor the board of trustees approve, a special use, unless it shall find, based upon the evidence presented in each specific case, that the special use:

a.

Will be harmonious with and in accordance with the general objectives of the comprehensive land use plan and/or this title.

b.

Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not alter the essential character of the same area.

c.

Will not be hazardous or disturbing to existing or future neighborhood uses.

d.

Will be adequately served by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewers and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.

e.

Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the village.

f.

Will not involve uses, activities, processes, materials, equipment and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

g.

Will have vehicular approaches to the property which shall be so designed as to not create an undue interference with traffic on surrounding public streets or highways.

h.

Will not increase the potential for flood damage to adjacent property, or require additional public expense for flood protection, rescue or relief.

i.

Will not result in the destruction, loss or damage of natural, scenic or historic features of major importance to the village.

2.

The special use shall, in all respects, conform to the applicable regulations of the district in which it is located, except as such regulations may be modified, in each instance, by the board of trustees, pursuant to the recommendation of the planning and zoning commission.

G.

Decision.

1.

Within 45 days after the close of the hearing on a proposed special use, the planning and zoning commission shall prepare a written statement of findings of fact and recommendations and submit this statement to the board of trustees. Said findings of fact shall address how the proposed special use does, or does not, comply with the standards set forth above.

2.

The board of trustees may, by ordinance, grant, or grant with modification, a requested special use. If an application is not acted upon by the board of trustees within six months of the date upon which such application is filed, it shall be deemed to have been denied.

3.

The planning and zoning commission may recommend, and the board of trustees may approve, conditions and restrictions upon the premises benefited by a special use as may be necessary in their opinion to:

a.

Comply with the standards set forth above.

b.

Reduce or minimize injurious effect of such special use on other property in the neighborhood.

c.

Implement the general purpose and intent of this zoning ordinance.

4.

No special use shall be granted except by ordinance duly passed and adopted by the board of trustees after public hearing and written recommendation from the planning and zoning commission:

a.

Without further public hearing, the board of trustees may grant, deny or amend the recommendation for special use.

b.

Every special use granted by ordinance of the board of trustees shall be accompanied by findings of fact, and shall refer to any exhibits containing plans and specifications of the proposed special use, which shall remain a part of the permanent records of the planning and zoning commission and the building/property record.

c.

The findings shall specify the reason or reasons for approving or denying the special use.

d.

Any terms of relief granted as part of a special use shall be specifically set forth in the findings and ordinance.

5.

A concurring vote of a majority of those members of the planning and zoning commission present at the meeting, with a minimum of four concurring votes, shall be required to recommend granting or denying an application for a special use.

6.

Changes in restrictions or conditions shall be processed in the manner established by this chapter for special uses.

H.

Written protest.

1.

A special use shall not be passed except by a favorable vote of two-thirds of the members of the board of trustees in the case of a written protest against any proposed special use when said protest is signed and acknowledged by the owners of 20 percent of the:

a.

Frontage proposed to be altered.

b.

Frontage immediately adjoining or across an alley from the property.

c.

Frontage directly opposite the frontage proposed to be altered.

2.

The written protest shall be served by the protester or protesters on the applicant for the proposed special use, and a copy served on the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application or petition for the proposed special use.

(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)

A.

Variations or special uses. An approval pursuant to the provisions of this title of a variation, special use, or special use for a planned development shall become null and void should a building permit to begin construction not be applied for within 18 months of the approval of the ordinance, unless this time limit is expressly extended by ordinance, by the board of trustees.

B.

Map amendments.

1.

In any case where a map amendment has been granted, and no building permit for development has been applied for within 18 months, the planning and zoning commission may initiate a public hearing, after due notice according to section 11-11-3 of this chapter has been given, and written notice sent to the applicant at the address contained in the application.

2.

Within 45 days of the close of the hearing, the planning and zoning commission shall prepare and submit findings of fact and recommendations to the board of trustees that such map amendment shall be permanently affirmed or repealed, or that the property subject to said map amendment be reclassified by another map amendment to a more appropriate district classification.

(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)

A.

Purpose and objectives.

1.

To encourage the orderly development of properties through advance planning.

2.

Provide regulations to encourage a wide variety of dwelling types.

3.

Assure adequate open space.

4.

To promote a creative approach to the use of land and related physical facilities that results in better design and development with the inclusion of aesthetic amenities.

5.

To promote the most efficient use of the land and economical installation and maintenance of utilities, street improvements, structures and other facilities.

B.

Standards and criteria.

1.

The proposed development will not injure or damage the use, value and enjoyment of surrounding property nor hinder or prevent the development of surrounding property in accordance with the comprehensive land use plan of the village.

2.

The proposed development can be substantially completed within the period of time specified in the schedule of development submitted by the applicant.

3.

The entire tract or parcel of land to be occupied by the proposed development shall be in a single ownership, or if there are two or more owners, the application for such proposed development shall be filed jointly by all such owners.

4.

The development plan shall contain such proposed covenants, easements, and other provisions relating to the bulk and location of buildings, uses and structures and public facilities as are necessary or desirable for the welfare of the planned unit development and are not inconsistent with the best interest of the village.

5.

In order to avoid overloading village facilities beyond designed capacity, the development shall be permitted only if:

a.

Sanitary sewers, storm sewers and water supply to service the development are adequate to serve the proposed development and will not reduce existing capacity below that necessary to serve existing uses and village public services;

b.

Such sanitary sewer, a storm sewer or water supply services are provided by a municipality other than the village.

6.

The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a proposed development not used for structures, parking and loading areas, or accessways, shall be landscaped.

7.

There is no minimum project area for planned unit developments.

8.

The minimum project area shall be adaptable to unified development and shall have within or through the area no physical features that will tend to destroy the neighborhood or community cohesiveness.

9.

The dominant land use of the proposed planned unit development shall be consistent with the recommendations of the comprehensive plan of the village for the area containing the project.

10.

Any modifications of the zoning or other regulations that would otherwise be applicable to the site are warranted by the design of the development plan, and the amenities incorporated in it, and are not inconsistent with the interest of the public generally.

11.

Exceptional landscaping features such as large caliper trees of varied species and reduced spacing of trees and additional sodding above minimum requirements specified shall be provided if called for in the final development plan.

C.

Modification of district regulations. Planned unit developments shall be constructed in each zoning district as a special use subject to the standards and procedures set forth in this title:

1.

Except as modified and approved in the ordinance granting the special use as a planned unit development, a planned unit development shall be governed by the regulations of the district or districts in which the development is located.

2.

The ordinance granting the special use as a planned unit development may provide for such exceptions from the district regulations governing use, density, area, bulk parking and off-street loading requirements, and the subdivision design standards and approval procedures as are compatible with the surrounding land uses, and any part of a proposed development not used for structures, parking and loading areas or accessways shall be landscaped.

3.

There is no minimum project area for planned unit developments.

4.

The minimum project area shall be adaptable to unified development and shall have within or through the area no physical features which will tend to destroy the neighborhood or community cohesiveness.

5.

The dominant land use of the proposed planned unit development shall be consistent with the comprehensive plan of the village for the area containing the project.

6.

Any modifications of the zoning or other regulations that would otherwise be applicable to the site are warranted by the design of the development plan, and the amenities incorporated in it, and are not inconsistent with the interest of the public generally.

7.

Exceptional landscaping features such as larger caliper, varied species and reduced spacing of trees and additional sodding above minimum requirements specified shall be provided if called for in the final development plan.

8.

No modification of the district requirements or the subdivision design standards may be allowed when such proposed modification would result in:

a.

Inconvenient or unsafe access to the planned unit development;

b.

Traffic congestion in the streets which adjoin the planned unit development;

c.

An undue or disproportionate burden on public parks, recreational areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned unit development; and

d.

A development which will be incompatible with the purpose of this title.

D.

Procedures. The detailed review procedures, submittal requirements and approval process for a planned unit development shall be as provided for preliminary and final plans and plats of subdivision in the subdivision control ordinance and for special use applications in this zoning ordinance. The planned unit development process includes the following stages:

1.

Preapplication conference;

2.

Sketch plan;

3.

Petition for special use as a PUD and development plan;

4.

Final plat.

E.

Preapplication conference.

1.

Purpose. The purpose of the preapplication conference is to make advice and assistance available to the applicant before preparation of the sketch plan so as to determine compliance with applicable village ordinances; whether any zoning amendment, variation or special use is required in connection with the proposed planned unit development; and whether the proposed planned unit development conforms to the comprehensive plan and goals and policies of the village.

2.

Procedure. A preapplication conference shall be held with the planning and zoning commission. At such a conference, the applicant shall provide:

a.

Information as to the location of the proposed planned development,

b.

The uses,

c.

Approximate area of use for each use category,

d.

A list of any and all exceptions to the subdivision regulations and zoning ordinance of Maple Park,

e.

Any other information necessary to clearly explain the planned development to the planning and zoning commission.

The planning and zoning commission shall review and consider the proposed plan as to its compatibility with the comprehensive plan and the goals and policies for planning, and advise the applicant on the information, documents, exhibits, drawings and any limitations on the proposed plan that should be included in the application for special use permit for planned unit development.

F.

Sketch plan.

1.

Purpose. A sketch plan may be submitted at the option of the applicant. The purpose of the sketch plan is to enable the applicant to obtain the opinions and recommendations of the planning and zoning commission prior to spending considerable time and expense in the preparation of detailed preliminary plans and architectural drawings.

2.

Procedure. A sketch plan for a planned unit development shall be filed with the village clerk at least ten days prior to the planning and zoning commission meeting.

3.

Required information. A drawing of the planned unit development shall be prepared at a scale that provides for a clear understanding of the way in which the property is intended to be developed. The plan shall indicate the overall land use pattern, general circulation system, open space or park system, and major features of the development. This section does not require a detailed site plan of buildings, roads, walks, etc. The plan must include, at a minimum, the following information:

a.

Boundary lines; approximate distances;

b.

Streets on and adjacent to the tract (circulation system);

c.

Land use patterns proposed;

d.

Map data. Name of development, name of site planner, name of applicant, north point, scale, date of preparation, and acreage of site;

e.

Aerial photograph of site and surrounding property at a scale of not less than one inch equals four hundred feet (1" = 400');

f.

Site data. A written explanation of the graphic elements of the plan, including:

(1)

Description and quantity of land uses;

(2)

Description of residential units by type;

(3)

Number of dwelling units;

(4)

Estimated population;

(5)

Description of the development standards and design criteria;

(6)

Floor area ratio;

g.

Objectives. A statement of planning objectives to be achieved by the planned unit development;

h.

Ownership. A statement of present and proposed ownership of all land within the project;

i.

Utilities. Preliminary information on existing and proposed sanitary sewer, storm sewer, water and other utilities necessary to service the development;

j.

List of exceptions or variations to the zoning or subdivision requirement being requested as part of the planned unit development application;

k.

Cover letter listing all items submitted;

l.

Any other information that may be requested by the planning and zoning code official.

G.

Special use petition and preliminary plan procedures.

1.

Purpose. The purpose of the preliminary plan submission is to obtain tentative approval and/or commitments from the village that the plans, design, and program that the applicant intends to build and follow are acceptable, and that the applicant can reasonably proceed into final detailed architecture, engineering, surveying, and landscape architecture in anticipation of final plat approval and subsequent construction. Approval of the preliminary plan shall not constitute authority to proceed with construction of any improvement, but rather an approval of the general features of the plan as a basis for preparing the final development plans.

2.

Procedures. Application for approval of a preliminary plan as a special use as a planned unit development shall be as described in this section.

3.

Required information. The special use petition for a preliminary plan shall include the information required of preliminary plans in the subdivision ordinance. Additional required information shall include:

a.

All areas to be dedicated as common open space and all sites to be conveyed, dedicated or reserved for parks, playgrounds, school sites, public buildings, and similar public and quasi-public uses.

b.

The pedestrian circulation system, any parkway belt system, or bicycle circulation system.

c.

All other information necessary to clearly show the proposed elements of the planned unit development.

d.

A landscape planting plan, indicating the height, size, location, quantities and variety of stock to be planted.

e.

A written statement which shall be included as part of the application for approval of the preliminary plan shall contain the following information:

(1)

A statistical tabulation of the acreage amounts of all the land uses proposed in the preliminary plan.

(2)

The type and number of dwelling units for any proposed residential land uses.

(3)

The stages in which the project will be built and the approximate dates when construction of each stage can be expected to begin and to end.

f.

Other information may be requested if the planning and zoning commission finds that the planned unit development may create special problems for traffic, parking, landscaping and/or economic feasibility.

H.

Final plat.

1.

Procedures.

a.

The final development plan, or if the development is to be phased, the first phase final plan shall be filed with the village clerk within one year of the approval of the preliminary plan. The final plan and, if the development is to be phased, all phased final plans shall conform substantially to the preliminary plan as approved.

b.

The planning and zoning commission shall review the final development plan within 30 days of its submission and shall recommend approval if it is in substantial compliance with the preliminary development plan. The planning and zoning commission shall certify to the board of trustees that the final development plan is in conformity with the previously filed preliminary development plan.

c.

If the final plan is substantially changed from the approved preliminary plan, the planning and zoning commission shall recommend to the board of trustees that a new public hearing be held in conformity with the procedures for approval of the preliminary plan.

d.

The board of trustees, within 60 days after receipt of the recommendations of the planning and zoning commission, shall approve or deny the final plan. If the final development plan is held not to be in conformity with the preliminary development plan, the board of trustees shall inform the applicant with regard to the specific areas found to be not in compliance.

e.

The final plat shall be filed with the appropriate recorder of deeds and all recording costs shall be paid by the applicant. No permit allowing construction of a building or any other improvement shall be issued until the final plat is recorded.

2.

Required information. The final development plan shall contain in final form the information required in the preliminary plan and the following:

a.

A final land use plan, suitable for recording with the county recorder of deeds. The purpose of the final development plan is to designate the land subdivided into lots, as well as the division of other lands not so treated, into common open areas and building areas and to designate and limit the specific internal uses of each building or structure, as well as of the land in general.

b.

An accurate legal description of the entire area under immediate development within the planned development.

c.

If subdivided lands are included in the planned development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat, to the extent that compliance with the subdivision plat, and to the extent that compliance with the subdivision regulations of the village shall be required.

d.

An accurate legal description of each separate unsubdivided use area, including common open space.

e.

Designation of the location of all buildings to be constructed, and a designation of the uses which each building is designated.

f.

Certificates, seals and signatures required for the dedication of land and the recording of the document.

g.

Tabulations of each separate unsubdivided area, including land area and number of dwelling units per gross area.

h.

Landscaping plan.

i.

Utilities and drainage plan.

j.

Final agreements, bylaws, provisions or covenants which govern the use, maintenance, and continued protection of the planned development and any of its common open areas or other common facilities.

k.

Final development and construction schedule.

l.

Final architectural plans.

m.

Final engineering drawings in accordance with the requirements for engineering plans in the subdivision ordinance of the village.

I.

Changes and modifications after approval of final plat.

1.

After the approval of the final plat, the use of land and construction, modifications, or alteration of any buildings or structures within the planned unit development will be governed by the approved final plat where inconsistent with the provisions of this title.

2.

All changes in the final plat must be made by the board of trustees, under the procedure authorized by this title for the amendment of the zoning map. No changes may be made in the final plat unless:

a.

They are required for the continued successful functioning of the planned unit development;

b.

They are required by changes in conditions that have occurred since the final plat was approved;

c.

They are required by changes in the development policy of the village.

(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)

A.

It shall be the duty of the planning and zoning code official to enforce this title.

B.

Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this title shall be fined not less than $200.00 nor more than $750.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

C.

In case any building or structure is erected, reconstructed, enlarged, altered, repaired, converted or maintained, or any building, structure, or land is used in violation of this title, the proper authorities of the Village of Maple Park, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct of business, or use in or about such premises.

(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)